Court No. - 45
Case :- WRIT - C No. - 15711 of 2018 Petitioner :- Prabha Chauhan Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Ramakant Singh Counsel for Respondent :- C.S.C.,Ramesh Chandra Upadhyay Hon'ble Ajay Bhanot,J.
Two rejoinder affidavits filed today is taken on record.
The learned counsel for the petitioner has assailed the order of appointment of respondent No.6 as the fair price shop dealer of village panchayat Saidpur, District-Mau. The learned Standing Counsel submits that the petitioner has alternative and efficacious remedy under Order 13 (1) Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016 to challenge the aforesaid order.
Faced with the aforesaid submissions, Shri Ramakant Singh, learned counsel for the petitioner fairly concedes that the petitioner has alternative remedy of filing an appeal against the order of appointment of respondent No.6. He, however, recasts his relief and submits that the petitioner approached this Court directly under bonafide legal advice. This resulted in some delay and the time for appealing has expired. He prays for enlargement of the time to appeal.
In view of the submissions advanced at the bar, it is open to the petitioner to file an appeal against the order of termination of his fair price shop licence raising all the grounds within a period of one month from today. In case such appeal is filed within aforesaid period, the appellate authority shall decide the same on merits without going into question of delay.
The writ petition stands disposed of.
Order Date :- 28.5.2018 Ashish Tripathi